Prenuptial Agreements, Marital Property and Foreign Spouses

Yes. The marriage-equality amendment (Civil and Commercial Code Amendment Act No. 24, B.E. 2567) took effect on 22 January 2025, replacing 'man and woman' with 'two persons'. Same-sex couples register on the same terms and acquire the same rights and duties, including marital property and inheritance. Whether the foreign partner's home country recognises the marriage depends on that country's own law.

It is a document issued by the foreign partner's embassy or consulate in Thailand confirming they are legally free to marry under their own law. Different countries call it a Statutory Declaration, a Certificate of No Impediment (CNI) or an Affidavit in Lieu of a Certificate of Legal Capacity. Thai registrars treat it as the indispensable core document for a foreign applicant.

Typically your passport, evidence of status such as a divorce decree or a former spouse's death certificate, and the Thai partner's details. Some embassies issue same-day by appointment, some take a sworn declaration before a consular officer, and a few — the United Kingdom, for example — use a notice-of-marriage procedure that takes longer. Confirm the procedure and fees with your own embassy.

Yes, if made correctly under section 1466 of the Civil and Commercial Code: in writing, signed by both spouses and at least two witnesses, and recorded in the marriage register at the same time as the marriage is registered. An agreement signed after registration does not take effect as a prenuptial agreement, and terms contrary to law or public order are void.

Personal property (sin suan tua) covers assets owned before the marriage, personal effects, assets received during the marriage by inheritance or gift designated as personal, and the engagement gift. Marital property (sin somros) covers assets acquired during the marriage, including the fruits of personal property. Dealing with certain marital assets — selling or mortgaging real property, for example — requires the other spouse's consent.

Under Department of Lands practice, the foreign spouse signs a joint declaration confirming that the purchase funds are the Thai spouse's personal property and that the foreign spouse has no interest in the land. If the foreign spouse is outside Thailand, the declaration can be signed before a consular officer or executed by a duly legalised power of attorney sent in. Confirm local land-office practice before booking the transfer.

We pre-check your document list before the embassy appointment, prepare Thai translations consistent with the spellings across all your documents, run the certification at the Department of Consular Affairs, coordinate the district-office appointment in Phuket, arrange an interpreter and witnesses where needed, and draft a prenuptial agreement for registration alongside the marriage. For fees and timing in your case, please ask our team by phone, LINE or email. We do not guarantee any authority's decision.

The British Embassy no longer issues CNIs for use in Thailand. Current practice is to swear an affirmation or statutory declaration through the provider the embassy designates, or obtain a CNI from a UK register office if you are resident there. Either document must be translated into Thai and the translation legalised by the Department of Consular Affairs before the district office will accept it.

A statutory declaration of marital status signed before an Australian consular officer in Thailand or an authorised witness in Australia, plus a divorce order or death certificate if previously married. All documents are translated into Thai and legalised by the Department of Consular Affairs. To use the Thai marriage certificate back in Australia, have it MFA-legalised and translated by a NAATI-certified translator.

Either a single-status certificate issued by the Chinese registry authority and authenticated (China joined the Apostille Convention in November 2023, so an apostille is accepted) or a declaration made at the Chinese Embassy in Thailand. It is then translated into Thai and legalised by the Department of Consular Affairs. To use the Thai marriage certificate in China, have it MFA-legalised and then authenticated by the Chinese Embassy.

The Russian party obtains a status declaration at the Russian Embassy in Bangkok or the Consulate General in Phuket, then has it translated into Thai and legalised by the Department of Consular Affairs. To use the Thai marriage certificate in Russia, translate it into Russian, obtain Thai MFA legalisation, and then have it authenticated by the Russian Embassy — Thailand is not yet an Apostille member, so the two-step chain always applies.

No. Thai law recognises only registration before a registrar. A religious or traditional ceremony has no legal effect on its own. If you want the legal consequences — marital property, inheritance rights, a marriage-based visa — you must also register at a district office.

Yes. Have the foreign marriage certificate authenticated (apostille or Thai embassy legalisation), translated into Thai, the translation legalised by the Department of Consular Affairs, then file a family status record (Kor Ror 22) at a district office. Only then can you change your title and surname and rely fully on Thai marital property and inheritance rules.

Yes, to be enforceable under Thai law it must be in writing, signed by both spouses and two witnesses, and recorded in the marriage register on the day of registration. It cannot be added retroactively. If drafted in a foreign language, prepare a parallel Thai version so the registrar can record it.

Sign an affidavit or statutory declaration of marital status before your consular officer in Thailand, or before a notary at home with an apostille. The document is then translated into Thai and the translation legalised by the Department of Consular Affairs before the district office will accept it. Most documents are treated as current for three to six months, so plan the sequence tightly.

A prenuptial agreement must be signed and recorded together with the marriage register on the day of registration, or attached to the register in writing signed by both spouses and two witnesses. An agreement executed after registration has no effect. Drafting and bilingual translation therefore have to be finished before the appointment, and the wording should be reviewed by counsel first.